Child Custody & Visitation

Child custody and visitation are often some of the hardest issues to resolve in a divorce. But custody disputes are not always connected to divorce. Sometimes disputes arise between unmarried parents or concern the visitation rights of grandparents.

If the parents are unmarried, South Carolina law will typically grant custody to the mother unless she gives up the child. If one parent has physical custody, that means the child will live with one parent for most of the time. If you share joint custody with your spouse, your child will live with each parent for approximately half of the time. In most cases where one parent has physical custody of the child, both parents will share legal custody. Legal custody gives you the right to be involved in decisions about your child’s education or health care. If you feel that your former spouse or partner is not currently capable of any parental responsibility, you may want to pursue sole custody of your child.

If you can negotiate an agreement about custody and visitation with your former spouse or partner, there may be no need to involve a family judge. If the dispute goes to court, the judge will look at a variety of factors to determine what is in the best interest of the child. Those factors could include the following:

• The temperament, needs, and preferences of the child
• The past and current relationship of the child with each parent
• Any effort by one parent to badmouth the other parent in front of the child or to manipulate the child
• The ability of each parent to be involved in the life of the child
• The mental and physical health of each parent
• Whether the child or the child’s sibling has been abused or neglected

If you are going through a custody dispute and feel overwhelmed, don’t despair. With twenty years of experience, Kimberly Dunham can help you mediate a decision with a former spouse or partner, or if necessary take up your case in court.